Is assault and battery which included a one year sentenced (though later dismissed) considered an aggravated felony?

Ah. This is definitely a question for an immigration attorney, rather than a criminal defense attorney. Immigration law determines whether a...

Is assault and battery which included a one year sentenced (though later dismissed) considered an aggravated assault?

Not clear what your question means. Virginia does not have an "aggravated assault" charge, though there are numerous felony assault charges. Who...

This is a smart question. Anytime a person is being questioned or held up by police officers, they should be asking whether they are free to go,...

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I am in a strange situation where I as assaulted and the person who assaulted me lied and said I assaulted him. They believe him

That's correct. An appeal to the Circuit Court will get you a brand new trial, where you will once again be presumed innocent. It is not unusual...

Can a DWI as a person under the age of 21 can be used as a predicate offense to enhance a later DWI?

If you were convicted of the DWI when you were 20, then yes, a subsequent DWI would be an aggravated offense. But if you were only convicted of...

My husband has a charge of solicit minor by use of electronic or communication system

If they have probable cause to bring the charge, they have enough to get a search warrant. This is a very common course if investigation in these...

Brother accused of false D.A. by his bipolar wife of 6 yrs. He owned his own home before marriage. Can he ever return home?

He certainly needs to get a lawyer to defend himself. It's worth keeping in mind that the police and prosecution may not think she's crazy. They...

Why is Reckless Charge not showing up?

The charge most likely just has not appeared on the docket yet. Maybe the officer hasn't filed it or there was a clerical error. It is extremely...

Fighting traffic violations

A traffic stop only requires reasonable, articulable suspicion that you were breaking the law, not proof beyond a reasonable doubt. The standards...

Motion to Move up Traffic Court Date for Reckless Driving Charge

If you intend to hire a lawyer, they may be able to appear on your behalf, since you are moving out of state. Most courts have designated days for...